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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111526
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Our g granddaughter lives with her mother. she is 4 years

Customer Question

our g granddaughter lives with her mother. she is 4 years old. She had Bella out of wed lock
our grandson is worthless and his parents, our son, runs a swingers club in New Orleans
they are trying to take this child away from his mother. Rhyannon doesnt have much money and cannot afford an attorney. They are taking her to court next week, rushed it, as it was scheduled for End of January and now Rhyannon doesnt have the time to save to get an attorney. They are suing her for full custody with supervised visitation rights. How can they do this? What can be done to protect our granddaughter from this type of invirement?
Can we bring them to California where we live NOW before the court date? Help us please
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you cannot move the children anywhere until the court rules on the custody. You are going to have to get to court in Indiana (if that is where it is being held) and you need to fight for the child there. In order to take custody away from her they have to prove she is unfit as a parent and as such not fit to have the child. The US Supreme Court says the court in Indiana should not interfere with her civil rights to her child unless there is clear and convincing evidence she is not fit. See: Troxel v. Granville, 530 U.S. 57 (2000),
So, she needs to go to legal aid at least to defend herself and seek to get their assistance. She also will need to prove to the court, no matter what happens, that she is not an unfit parent and is able to care for the child and has a civil right to care for her child based on the above case. That is the only way to protect her rights.
You cannot remove the child from the state though at this point, it could get all of you charged with kidnapping or contempt of court and fined or jailed.

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